MAY 13, 2020

Return to Work Strategies for Employers

Moderator: Kara E. Shea

Panelists: Todd P. Photopulos, David L. Johnson,

Timothy M. Threadgill and C. Buddy Creech, MD, MPH

Workplace Safety Considerations

a. Applicable laws and standards

i. OSHA and CDC guidance, state and local laws

b. Safety protocols for the workplace

i. Continuation of telework if possible

ii. Social/physical distancing strategies

iii. Other steps to minimize safety risk

iv. Establish exposure response protocol

Health Screening of Employees

a. Current EEOC guidance – what kinds of tests and questions are permitted?

b. Effectiveness of health screening – use in conjunction with other safety protocols

c. Confidentiality issues

Legal Exposure for COVID-19 Workplace Transmission

a. Workers compensation

b. Other theories of recovery – recent wrongful death cases

c. Best defenses to liability

d. Waivers/immunity issues

COVID-19 Exposure Protocols

a. Reporting requirements for employees

b. Response triggers

c. Steps to take when you receive notice of possible COVID-19 exposure in the workplace

d. Recovered employees return to work

Accommodation and Discrimination Issues

a. Who is the most vulnerable?

b. Accommodation obligations and protocols during a pandemic

c. Discrimination concerns

Employees Who Are Scared to Return to Work

a. When are employees entitled to stay home and when are they not?

b. May employees stay home because they are afraid of getting COVID-19?

c. Is unemployment available?

d. Whistleblower/retaliation concerns

Families First Coronavirus Response Act Issues

a. Brief overview of FFCRA sick leave and family leave entitlements

b. More FFCRA issues in return to work scenario

c. Be sure to distribute poster if you have not done so

Additional Resources

Butler Snow Coronavirus Resource Hub• https://www.butlersnow.com/coronavirus-hub/

EEOC Pandemic Guidance • https://www.eeoc.gov/laws/guidance/pandemic-

preparedness-workplace-and-americans-disabilities-act• https://www.eeoc.gov/coronavirus

OSHA Pandemic Guidance• https://www.osha.gov/Publications/OSHA3990.pdf• https://www.osha.gov/SLTC/covid-19/

Federal COVID-19 Unemployment Guidance• https://www.dol.gov/newsroom/releases/eta/eta20200410

FFCRA Guidance from USDOL• https://www.dol.gov/agencies/whd/pandemic/ffcra-

questions• https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCR

A_Poster_WH1422_Non-Federal.pdf

CDC General Business Frequently Asked Questions• https://www.cdc.gov/coronavirus/2019-

ncov/community/general-business-faq.html